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Safety Tips for Summer Road Trips

Summer is fast approaching and many are planning road trips with family and friends.  In order to ensure a good time for all, keep the following safety tips in mind: Prepare:  Be sure to inspect your vehicle to ensure it

Defective Hip Settlements: Do I Have To Take What The Defendants Are Offering?

In the past few months, several large hip manufacturers have announced global settlements programs in an effort to resolve thousands of lawsuits alleging that their hips were defective.  In almost all of these cases, the amounts being offered by the defendants do not reflect the true settlement value of the cases.  However, despite the small amounts being paid, most plaintiffs are settling their cases as part of these settlement program.  In considering a settlement, here are important things to consider.

If you have any questions or concerns regarding your recalled or defective hip, call Kershaw, Cook & Talley at 888-997-5170 for a free case consultation.

DePuy ASR Settlement – Round 2 Extension

FDA will require PMA for two types of hip replacements

February 18, 2016- On Thursday, the Food and Drug Administration (FDA) announced a final order which will require manufacturers to submit a premarket approval (PMA) application for two types of metal on metal (MoM) total hip replacement devices:

hip joint metal/metal semi-constrained with a cemented acetabular component

hip joint metal/metal semi-constrained with an uncemented acetabular component

Here is the excerpt from the FDA announcement released today:

Given the known risks, the FDA believes that there is insufficient evidence and information to conclude that general controls in combination with special controls would provide reasonable assurance of the safety and effectiveness of these devices. The agency has determined that these devices should remain Class III (higher risk) devices and PMA applications must be filed with the agency by May 18, 2016 if a manufacturer wants to continue marketing their MoM total hip replacement devices and/or market new MoM total hip replacement devices.

Manufacturers will be required to submit a PMA application that includes: (1) any risks known, or that should be reasonably known, to the applicant; (2) the effectiveness of the device that is the subject of the application; and (3) full reports of all nonclinical and clinical information from investigations on the safety and effectiveness of the device for which premarket approval is sought.

Other FDA activities to date include:

DePuy Pinnacle 2016 Trial Update 7


Hi, I’m Stuart Talley here to do another update on the DePuy Pinnacle hip trial that is currently ongoing in Dallas, Texas. Today, we had more testimony from Dr. Tony Nargol. You may recall from my last update that Dr. Nargol is a surgeon in Leeds, England who was involved in early efforts to use metal-on-metal hips. He was a big proponent of Pinnacle and ASR hips, which was subsequently recalled. Dr. Nargol reported problems with these hips back in 2008. DePuy said he was the outlier, and that no other issues were reported, and essentially blamed him for poor surgical techniques.

At the trial, Dr. Nargol spoke about the joint registry. In England, and other countries, the government buys the prosthetic hips that are implanted in the respective country. They have laws requiring every surgeon to enter information into a database about every hip they implant and every time they have to revise a hip. The government examines this data and create reports about which hips work best, and which are problem hips. He described interesting facts about the National Joint Registry in England. A board of editors analyzes the data from the registry and release an annual report. Dr. Nargol revealed that a DePuy executive is on the board of the National Joint Registry in England.

At the beginning of the case, DePuy spoke about how the Pinnacle hip succeeded on the joint registry. Dr. Nargol explained the reason the Pinnacle succeeded was because of the three different kinds of inserts that can go into the cup. Not all Pinnacle hips are metal-on-metal; some are metal-on-plastic and other metal-on-ceramic. Now, when they did the registry and kept track of the performance on the Pinnacle hips, they didn’t differentiate between the type of bearing surface; the metal-on-metals were combined with the metal-on-plastics, which was the vast majority of Pinnacle hips implanted. So, the data showing the revision rate for the Pinnacle, was not accurate and did not indicate the true success rate for the metal-on-metal Pinnacle. The data DePuy mentioned at the start of the trial was inaccurate, and misleading in many respects. In 2013, DePuy separated the data between the different Pinnacle hips; the new data revealed the metal-on-metal Pinnacle hip had a significant failure rate. It was eight times more likely to fail than the metal-on-plastic. However, the data on the registry showed a low revision rate was because the metal-on-plastic lowered the average.

Dr. Thomas Schmalzried was the other witness we heard. Dr. Schmalzried is an orthopedic surgeon in Los Angeles, and co-inventor of the DePuy Pinnacle and DePuy ASR. He was a big proponent of metal-on-metal hips. He was a consultant for DePuy who traveled around the country, and spoke at meetings about the new design and different kinds of hips. He was paid a royalty for every Pinnacle and ASR hip that was implanted. There was testimony regarding the fact Dr. Schmalzried never disclosed the royalty payments when he spoke to other surgeons about the hips. Dr. Schmalzried made millions of dollars from the Pinnacle and ASR. At trial, it was revealed that the exact amount he made from these hips was 24 million dollars. He earned additional sums from the work he has done for DePuy with respect to these hips as well as the litigation work. Even after the ASR was recalled, and after the Pinnacle was removed from the market, he’s made a lot of money being involved in the lawsuits.

Dr. Schmalzried discussed and insisted he was merely a design surgeon; he only helped design the hips. The plaintiffs’ attorney wanted him to admit he was involved in the marketing of these hips and not solely the design. He would not admit he was a marketer for DePuy. So, the plaintiffs’ attorney went through multiple documents which revealed Dr. Schmalzried’s detailed discussions with the marketers at DePuy regarding how to sell more hips. He was involved in and helped draft the marketing and promotional materials that went to patients. During his testimony, there was attention concerning the speeches he gave before the DePuy’s salesmen. DePuy had an annual meeting and he presented information about the Pinnacle and ASR hips. The speech discussed how they could sell more, what tactics to employ, and what responses to give to doctors if they questioned them about the hips and their problems.

The theme of the day, and throughout the trial, was DePuy putting profits over people. Another theme involved how the metal-on-metal hips were not designed to help patients but to make more money. Throughout the day, there was testimony from plaintiffs and plaintiffs’ doctors discussing how the revision surgeries have impacted their lives. For some of the plaintiffs, it has been dramatic. There was powerful testimony about how the hips have adversely affected the plaintiffs’ lives.

DePuy Pinnacle 2016 Trial Update 6


Hi, this is Stuart Talley and I am here to do another update on the ongoing DePuy Pinnacle trial involving five plaintiffs. Today, we heard testimony from one of the plaintiff’s son. His son testified about how the hip revision surgery impacted his father’s life. It was very powerful testimony about how the revision surgery changed his father’s life in a dramatic way; he used to be very active, and after the surgery, had lots of problems.

Most of the day, however, was spent playing a video tape testimony of Dr. Tony Nargol, an orthopedic surgeon in Leeds, England. His office is about an hour from DePuy’s European Headquarters. Dr. Nargol was one of the first surgeons to use metal-on-metal hips. DePuy would fly him all over the world to promote the benefits of the operation and teach other doctors to implant metal-on-metal DePuy Pinnacle hips and DePuy ASR hips. Dr. Nargol discussed how he implanted hundreds of these hips. After a couple of years, he had patients following up with him and reporting lots of pain. During revision surgeries, they would find adverse reactions such as metallic fluid, black stained tissue and tissue destruction inside the hip. Other problems include release of metal particles, triggering inflammation and tissue damage. Sometimes this can lead to non-cancerous tumors. This started as a small problem for DePuy, and over time, it worsened.

Most these issues were initially reported in 2008. At the time, Dr. Nargol was reporting these adverse reactions to DePuy. He sent them pictures, videos and even had DePuy executives in the operating room during a revision surgery to show them what he was seeing. However, DePuy insinuated Dr. Nargol was at fault and that no one else was reporting these problems. DePuy also blamed the patients; proposing a hypothesis that his patients were hypersensitive and allergic to these hips. DePuy even went on to state it was the environment of Leeds, England. Dr. Thomas Schmalzried, a co-inventor of the hips, gave a lecture where he hypothesized there was something in the water that made people from Leeds suffer problems from the hips. The truth is DePuy was getting reports all over the world from other surgeons who were having problems with these hips. This was demonstrated during trial; there were emails and reports from numerous orthopedic surgeons reporting adverse reactions with the hips. DePuy’s response was blaming the doctor and the patient.

One of the most shocking revelations during testimony today regarded Dr. Nargol in 2012. At this time, Dr. Nargol was experiencing all these problems. He had implanted hundreds of these hips and he estimates that approximately nine percent of them required revision surgery, five years after the initial implant. Dr. Nargol, DePuy executives and the Medicines & Healthcare products Regulatory Agency (MHRA), the European equivalent of the Food and Drug Administration (FDA),  had a meeting in 2012. During this meeting, Dr. Nargol explained that he thought the revision rates for these hips was nine percent. However, DePuy explained via their own internal documents that the revision rate was only four percent. They said Dr. Nargol was an outlier and placed blame on him. At the trial, it was revealed that DePuy’s internal documents showed the revision rate at five years was not four percent but 14%. DePuy knew these figures and never presented this data during the meeting.

It was a powerful day for the plaintiffs. The testimony divulged that DePuy was warned about adverse reactions in 2008, and they tried to sweep it under the rug. We are getting closer to the end of the trial.

2015 DePuy ASR Settlement and Upcoming May Deadline

DePuy-ASR-Hip-Lawsuit-Settlement-Wright-Schulte-LLC-yourlegalhelp

On February 20, 2015, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the previous settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had a DePuy ASR revised after August 31, 2013, and on or before January 31, 2015, you may be eligible for the Round 2 Settlement. Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program. The executed Master Settlement Agreement is now available on the Claims Processor website. Mr. Kershaw and Mr. Talley can help determine whether or not the settlement adequately compensates an individual’s situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney. If you do not have a case on file, it is important you get one filed immediately.

DePuy ASR Statute of Limitations


Stuart Talley is the partner responsible for the DePuy ASR litigation. There is an upcoming deadline that may impact your ability to bring a case. The deadline is the statute of limitations. DePuy recalled the ASR hip in August 2010 and this August will be 5 years since the recall. Every state has a statute of limitations, or the time period in which you can file a lawsuit from the date you reasonably suspect you have a claim.

The big issue is, “When should you have reasonably suspected you have a claim?” There are many potential start dates for when the statute of limitations begins to run. The date could be when DePuy recalled the ASR hip approximately five years ago. Another date is when you find out you have the DePuy ASR hip. It may be the date you find out you have elevated cobalt and chromium. Or it may be the date your doctor states you require revision surgery. All these examples are potential start dates for when the statute of limitations starts to run.

If you have a DePuy ASR hip, and you have not undergone revision surgery, it’s important to get a case on file immediately. The sooner you get a case on file the better. If you have a case on file, and your hip is not revised, DePuy allows you to dismiss that case and toll the statute of limitations. Tolling the statute means it does not run (running of the period set forth by a statute of limitations is paused or delayed). So, if you have a case on file, you can dismiss it. And say, hypothetically, you need revision surgery one year from now. You can subsequently refile your case as if it was never dismissed and proceed with your case. If you do not have a case on file, you do not get the benefit of the tolling agreement.

If you have a DePuy ASR hip (unrevised or revised), and you do not have a case on file, feel free to give us a call. Our attorneys are happy to explain this in more detail, and provide an analysis of your state’s law regarding the statute of limitations. We will help protect your rights.

DePuy ASR Settlement Program Extended!


Stuart Talley is the partner responsible for the DePuy ASR litigation. DePuy established a new settlement program resolving a large number of ASR hip cases currently pending around the country. As you may know, DePuy previously agreed to a large scale settlement for individuals who underwent revision surgery. The settlement was approximately $3.5 billion. This settlement only covered people who had revision surgery before August 31, 2013. After this date, many people had revision surgery. It’s estimated over 1500 individuals had revision surgery. The big question on everyone’s mind is, “What will DePuy do for those individuals?”

We received news that DePuy is willing to compensate those people. This new settlement agreement is nearly identical to the previous settlement. Essentially, the settlement starts at $250,000, and this value decreases or increases depending on various factors outlined in the agreement. You are entitled to participate in the new settlement program if you had revision surgery before January 31, 2015 (the cutoff date for eligibility is this date).

Additionally, this settlement offer is voluntary. No one is required to take the settlement. If you believe your case is worth more than the settlement offers, you do not have to take it and can proceed with your lawsuit. Our firm has clients from the first round of settlements who elected not to take the settlement. We are attempting to get trial dates for those clients.

If you have a DePuy ASR hip, and what to know more about the settlement, contact us for a free case consultation at 888-997-5170, or fill out our confidential online form.

DePuy ASR Settlement Round 2 Enrollment!

This week, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had your DePuy ASR revised after 8/31/2013, and on or before 1/31/2015, you may be eligible for the Round 2 Settlement.  Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program.  The executed Master Settlement Agreement will post on the Claims Processor website in a few weeks. Our attorneys can help determine whether this settlement is right for you, and if the settlement adequately compensates your individual situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney.

If you do not have a case on file, it is important you file one immediately. It is necessary to update Registration on or before April 2, 2015, pursuant to the terms of the Round 2 Master Settlement Agreement.  Our attorneys will help get your potential case on file, and make sure your information is up to date, specifically for those individuals eligible for Round 2.

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 997-5170, or fill out the confidential contact form found on this page.

Bloomberg: J&J to Pay as Much as $420 Million More in ASR Hip Accord

Joint-Status-Report-Re-Settlement-Program

You can visit the U.S. ASR Hip Settlement website at  www.usasrhipsettlement.com.

DePuy ASR Hip Settlement Program Extended!

On February 20th, DePuy Orthopaedics, Inc. and the Settlement Oversight Committee announced they reached an agreement extending the existing DePuy ASR Hip Settlement Program to individuals implanted with ASR hips who underwent revision surgery (surgery replacing the implant) on or before January 31, 2015.

Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are eligible to participate in this second round of the settlement. Further program details and additional information regarding the settlement extension will be available in the next few weeks (www.usasrhipsettlement.com).

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 997-5170, or fill out the confidential contact form found on this page.

Article: J&J to Pay as Much as $420 Million More in ASR Hip Accord

Joint-Status-Report-Re-Settlement-Program

 

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

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At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

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Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

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Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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